Supplementary Provisions

This Act comes into effect as of the date on which one year has elapsed from the date of promulgation; provided, however, that the provisions set out in the following items come into effect as of the respective dates set out in those items:

①The Minister of Health and Welfare must prepare a table stating the names of the following additives (excluding additives that are chemically synthesized compounds prescribed in Article 2, paragraph (3) of the Food Sanitation Act prior to the amendment under the provisions of Article 1 (hereinafter referred to as the "Former Food Sanitation Act"), and natural flavoring agents prescribed in Article 2, paragraph (3) of the Food Sanitation Act after the amendment under the provisions of Article 1 (hereinafter referred to as the "New Food Sanitation Act") and things that have been generally served for human consumption, and are used as additives) (hereinafter referred to as the "list of existing additives") and issue public notice of it within three months from the date of promulgation of this Act.

②Any person who finds it necessary to correct the list of existing additives publicly notified pursuant to the provisions of the preceding paragraph may, as provided by Ministry of Health and Welfare Order, file an application to that effect with the Minister of Health and Welfare, only within six months from the date of that public notice.

③In the case where an application under the preceding paragraph has been filed and the Minister of Health and Welfare finds that the application is well-founded, the Minister of Health and Welfare must add the name of the additive pertaining to the application to the list of existing additives or delete it from the list of existing additives, and notify the person who filed the application to that effect.

④The Minister of Health and Welfare must issue public notice of the list of existing additives to which additions or deletions have been made pursuant to the provisions of the preceding paragraph no later than one month before the day on which this Act comes into effect (hereinafter referred to as the "Effective Date").

①The Prime Minister may, if finding that an additive whose name is entered in the list of existing additives is likely to harm human health, delete the name of that additive from the list of existing additives after hearing the opinions of the Food Safety Standards Council.

②When the Prime Minister intends to delete, pursuant to the provisions of the preceding paragraph, the name of an additive whose name is entered in the list of existing additives from that list of existing additives, the Prime Minister is to publicize the purpose, content, and other necessary matters and broadly seek the opinions of the public; provided, however, that this does not apply if there is an urgency to prevent the occurrence of food sanitation hazards and there is no time to broadly seek the opinions of the public in advance.

③In the case of the proviso to the preceding paragraph, the Prime Minister is to broadly seek the opinions of the public without delay, after the fact.

④The Prime Minister must issue public notice without delay of the list of existing additives from which deletion has been made pursuant to the provisions of paragraph (1).

⑤The provisions of Article 72, paragraphs (2) and (3) of the Food Sanitation Act apply mutatis mutandis to the deletion under the provisions of paragraph (1).

⑥The provisions of Article 80, paragraph (3) of the Food Sanitation Act apply mutatis mutandis to the authority of the Prime Minister under the provisions of paragraphs (1) through (4) and the provisions of Article 72, paragraphs (2) and (3) of that Act applied mutatis mutandis pursuant to the preceding paragraph.

①When the Prime Minister finds, with regard to an additive whose name is entered in the list of existing additives, in light of the status of its sale, manufacture, import, processing, use, storage, and display, that that additive and the formulations and food containing it are not actually offered for sale, the Prime Minister may prepare a table stating the name of that additive (hereinafter referred to as the "list of additives scheduled for deletion").

②When the Prime Minister has prepared the list of additives scheduled for deletion pursuant to the provisions of the preceding paragraph, the Prime Minister must issue public notice of it.

③Any person who finds it necessary to correct the list of additives scheduled for deletion of which public notice has been given pursuant to the provisions of the preceding paragraph may, pursuant to Cabinet Office Order, file an application to that effect with the Prime Minister only within six months after the date of that public notice.

④In the case where an application under the preceding paragraph has been filed and the Prime Minister finds that the application is well-founded, the Prime Minister must add the name of the additive pertaining to the application to the list of additives scheduled for deletion or delete it from the list of additives scheduled for deletion, and notify the person who filed the application to that effect.

⑤Within one year after the date of the public notice under paragraph (2), the Prime Minister must delete the names of the additives entered in the list of additives scheduled for deletion of which public notice was given pursuant to that paragraph (or, if additions or deletions have been made pursuant to the provisions of the preceding paragraph, the list of additives scheduled for deletion to which those additions or deletions have been made) from the list of existing additives, and issue public notice to that effect without delay.

⑥The provisions of Article 72, paragraph (2) of the Food Sanitation Act apply mutatis mutandis to the preparation under the provisions of paragraph (1) and the addition and deletion under the provisions of paragraph (4), and the provisions of paragraph (3) of that Article apply mutatis mutandis to the preparation under the provisions of paragraph (1), respectively.

⑦The provisions of Article 80, paragraph (3) of the Food Sanitation Act apply mutatis mutandis to the authority of the Prime Minister under the provisions of paragraphs (1) through (5) and the provisions of Article 72, paragraphs (2) and (3) of that Act applied mutatis mutandis pursuant to the preceding paragraph.

The provisions of Article 12 of the Food Sanitation Act do not apply to additives entered in the list of existing additives and the formulations and food containing them.

With regard to the application of Article 19-12 of the New Food Sanitation Act to a person who, at the time of enforcement of the amending provisions listed in Article 1, item (iii) of the Supplementary Provisions, has been designated under Article 14, paragraph (1) or Article 15, paragraph (1) or (2) of the Former Food Sanitation Act, and to a person who, at the time of enforcement of this Act, has been designated under Article 14, paragraph (1) or Article 15, paragraphs (1) through (3) of the New Food Sanitation Act, for one year counting from the Effective Date, the phrase "Article 19-4, items (ii) through (v)" in Article 19-12 of the New Food Sanitation Act is deemed to be replaced with "Article 19-4, item (ii), (iv), or (v)".

With regard to the application of Article 55 of the New Food Sanitation Act pertaining to the approval to a person who, at the time of enforcement of the amending provisions listed in Article 1, item (ii) of the Supplementary Provisions, has received the approval under Article 21, paragraph (1) of the Former Food Sanitation Act (limited to one to which a valid period has been attached pursuant to paragraph (3) of that Article), until that valid period has elapsed, the phrase ", has come to fall under Article 52, paragraph (2), item (i) or (iii), or violates the conditions under the provisions of paragraph (3) of that Article" in that Article is deemed to be replaced with "or the conditions under the provisions of Article 52, paragraph (3)".

With regard to the application of penal provisions to acts committed before this Act comes into effect, the provisions then in force continue to govern.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary in connection with the enforcement of this Act are specified by Cabinet Order.

When 10 years have passed after this Act comes into effect, the government is to review the status of nutrient intake of the public and the status of enforcement of the provisions of Articles 17 and 17-2 of the New Nutrition Improvement Act, and take necessary measures based on the results of the review.